Ahmad Nurriddin v. Charles Bolden

818 F.3d 751, 422 U.S. App. D.C. 83, 2016 U.S. App. LEXIS 6174, 100 Empl. Prac. Dec. (CCH) 45,530, 2016 WL 1319727
CourtCourt of Appeals for the D.C. Circuit
DecidedApril 5, 2016
Docket14-5156
StatusPublished
Cited by168 cases

This text of 818 F.3d 751 (Ahmad Nurriddin v. Charles Bolden) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahmad Nurriddin v. Charles Bolden, 818 F.3d 751, 422 U.S. App. D.C. 83, 2016 U.S. App. LEXIS 6174, 100 Empl. Prac. Dec. (CCH) 45,530, 2016 WL 1319727 (D.C. Cir. 2016).

Opinions

Opinion for the Court filed PER CURIAM.

Opinion dissenting in part filed by Circuit Judge WILKINS.

PER CURIAM:

This is the second time'Ahmad Nurrid-din has brought suit against his former employer, the National Aeronautics and Space Administration (“NASA”), claiming unlawful discrimination. In his first appeal to us, we affirmed grant of summary judgment to NASA on Nurriddin’s various claims of discrimination and retaliation over a six-year period. Nurriddin v. Griffin (Nurriddin II), 222 Fed.Appx. 5 (D.C.Cir.2007). Now focusing-on.a series of events occurring between- 1996-2004, Nurriddin.once more claims discrimination .and retaliation under the Rehabilitation Act and Title VII. We affirm the District Court’s Rule 12(b)(6) dismissal of the former claims, and grant of summary judgment to the agency on the latter.

I.

To provide some necessary context, we begin at the beginning.’ Numddin is an African-American, Muslim male. ’ He worked in NASA’s Educational Affairs Division, first as a Publication Specialist, and eventually as an Education Programs Specialist. For more than a decade Nurriddin has accused NASA management of -discrimination. Beginning in 1991, Nurriddin believed he should have been- converted to a full-time civil servant position at a grade higher than his GS-12 level. Nurriddin v. Goldin (Nurriddin I), 382 F.Supp.2d 79, 86 (D.D.C.2005). Thereafter, he sought for years to obtain a promotion. Id. at 95, 102. He eventually brought suit pro se under Title VII on the basis of this denied promotion, as well as additional incidents of' alleged discrimination. Id. at 90. These incidents included, among others, being denied funds to travel to a Conference of Engineering Deans of Historically Black Colleges and Universities, id. at 101, and being exposed to his then coworker, later - first-level supervisor’s computer desktop, which contained empty folders titled, “racist jokes and- stories” and “W/Amefican Heritage,” id. at 87, 108. We summarily affirmed the District Court’s grant of summary judgment to NASA. Nurriddin II, 222 Fed.Appx. at 6.

This suit 'concerns the time period from 1996 until Nurriddin’s termination in 2004. By 1996, Nurriddin was still employed .within the-Education Division,at a GS-12 level. His “first-level” supervisor .was Malcolm Phelps,, and his “alternate first-level supervisor.” was Sherri McGee. His “second-level supervisor” was Frank Owens. These three and several other human resources directors and employees were to become the subject of nine EEO complaints by Nurriddin between June 1997 and June 2004. . ..

In 1996, Nurriddin received a performance evaluation of “Outstanding” for the time period 1995-1996, which was the highest possible rating on the’ five-level scale used by the agency at the time. He received a non-competitive promotion to the GS-13 level in November 1997. Still, Nurriddin believed NASA was discriminating against him for previously .-filing EEO complaints. He filed ■ two complaints in 1997-naming,Owens, McGee, and Phelps as the responsible management officials.

Nurriddin filed two more EEO complaints in 1998 that also named these three supervisors. The'first, filed in April of [754]*7541998, was predicated in part on a coworker’s comment to Nurriddin that Phelps said his performance evaluation would be lowered because he attended “too many minority conferences.” Nurriddin filed the second complaint in September 1998, after he received his performance review for the 1997-1998 period. That year, NASA switched to a pass-fail system. Nurriddin received a “pass” and an $800 performance award. Phelps, however, noted on the evaluation form a “pattern of missed deadlines and unresponsiveness to his management that must be addressed and improved during the next year for [his] work to continue to be judged satisfactory.” In his evaluation meeting, Nurriddin contends that Phelps “lashed out,” calling his EEO complaints “a bunch of bull and a crock of s-h-i-t.”

As the administrative investigation into his complaints proceeded, Nurriddin’s white coworker received a grade increase from GS-13 to GS-14. Nurriddin did not. Around this same time, Nurriddin’s health began to decline on account of depression, anxiety, and back pain, all allegedly related to his job and confrontations with his supervisors. He and Phelps exchanged numerous correspondence on the proper medical documentation necessary for approval of his sick leave. In October of 1998, his doctor recommended to NASA that it transfer him to another department to alleviate his job-related stress. In November and December of 1998, Nurriddin also requested permission to travel to two “minority conferences,” which NASA denied.

NASA eventually approved a detail for Nurriddin. Though, when first exploring the possibility, a human resources official wrote that one particular office might only agree to the arrangement “subject to some conditions such as resolution of the EEO complaints.” Nurriddin filed another EEO complaint thereafter in January of 1999. In February 1999, Nurriddin began a one-year long detail with the National Science Foundation (“NSF”). His NSF supervisor described his performance as “superb” and praised his “excellent skills in adapting to the rigors of a new office.” In August 1999, Nurriddin filed an EEO complaint naming his NASA supervisors, which for the first time included a claim of disability discrimination.

Nurriddin returned to NASA in the spring of 2000. He requested transfer to a different office as a reasonable accommodation and soon took medical leave. He did not return again except for a few days in May and September. He and management attempted to reaeh agreement on the proper medical documentation for his periods of absence.

By this point, Nurriddin had joined NASA’s Voluntary Leave Transfer Program, which allows eligible employees to receive annual leave donated by other federal employees. Yet, his status was changed to “AWOL,” or away without leave. In a June 19, 2000 email, a human resources official reminded that Nurriddin had been accepted into the leave transfer program. In response, human resources director A1 Castillo wrote: ‘Yegads! Will we ever finish with this guy? ... For the time being, I’m going to let the AWOL stand as charged. If we need to correct it as a result of our discussion, I don’t have a problem stating so in writing.” Nurriddin remained on AWOL status from September 12, 2000 through December 1, 2000. Eventually, 737.5 hours of donated leave were credited to him.

In September of 2000, Phelps denied Nurriddin a “WGI,” or Within Grade Increase. These increases are automatically awarded to federal employees after satisfactorily completing a certain number of calendar weeks in service. 5 U.S.C. [755]*755§ 5335. Phelps justified the denial on the basis that Nurriddin had not worked in the office long enough in the, past year for his performance to be rated acceptable. Around December 2000, Nurriddin began receiving workers’ compensation benefits. Nurriddin filed another EEO complaint that same, month naming as responsible management officials, among others, Owens, Phelps, and A1 Castillo and Vicki No-vak from Human Resources.

In 2001, NASA commenced a job search to find Nurriddin another position. In October 2001, it offered him a “new” job in his same position, this time under the supervision of McGee and Owens. NASA arrived at this decision' after discussing various options over email throughout September 2001.

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818 F.3d 751, 422 U.S. App. D.C. 83, 2016 U.S. App. LEXIS 6174, 100 Empl. Prac. Dec. (CCH) 45,530, 2016 WL 1319727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahmad-nurriddin-v-charles-bolden-cadc-2016.